17. Personnel Records

17.1. The Department will maintain personnel records and information for each applicant, employee, and past employee in a manner that will balance each individual's right to privacy with the Department's need to obtain, use, and retain employment information.

17.2. All personnel records will be maintained by the Personnel Director in a locked, secure location with controlled accessed.

17.3. Personnel records are to contain information which is needed by the Department to conduct its business or which is required by federal, state, or local law. This information normally will include, but will not necessarily be limited to, the following: application forms, payroll information, performance appraisals, evaluations, disciplinary records, attendance records, transcripts, emergency contact information, job descriptions, reference documents, drug-free workplace, workplace security, letters of recognition, exit interview information, and discharge notices.

17.4. Personnel records pertaining to an employee's medical information, participation in an ERP, EEOC documentation, I-9 forms, Workers' Compensation and FMLA records will be maintained in separate files in a secure location.

17.5. Employees have a responsibility to keep their personnel records up to date by promptly notifying the Administrative Services Division in writing of any changes in the following:

..........17.5.a. name;

..........17.5.b. address;

..........17.5.c. telephone number;

..........17.5.d. marital status, where the change in status affects benefits and/or tax withholding;

..........17.5.e. number of dependents;

..........17.5.f. addresses and telephone numbers of dependents and spouse or former spouse (for insurance purposes only);

..........17.5.g. beneficiary designations for any of the insurance, disability and pension plans; and

..........17.5.h. persons to be notified in case of emergency.

17.6. Employees who have a change in the number of dependents or marital status must complete a new IRS Form W-4 for income tax withholding purposes within ten (10) days of the change if the change results in a change in the number of dependents.

17.7. Employees are allowed to inspect their own personnel records during normal business hours with appropriate notice and in the presence of a witness designated by the Personnel Director.

17.8. Employees are prohibited from inspecting any personnel files except their own, except where there is a legitimate managerial need to know the information. Examples of individuals who may have a legitimate need to inspect personnel records include the Commissioner, Deputy Commissioner, Personnel Director or a designated assistant, Payroll Administrator, and any Division Director who is considering an employee for promotion, transfer, or other personnel action.

17.9. Inspecting the personnel file of another employee without a legitimate managerial need to know the information and failing to maintain confidentiality of any file may subject the employee to disciplinary action.

17.10. Any access to a personnel file will be verified, recorded, and maintained as a permanent part of the file.

17.11. Employees who, after inspecting their personnel files, feel that any material is inaccurate or irrelevant may submit a written request to the Personnel Director to have the material revised or removed from the file. If such a request is not granted, the employee will be permitted to place a written statement of disagreement in the file and can pursue the matter further using the regular Administrative Review policies.

17.12. The Department considers the contents of an employee's personnel file to be private information and will not disclose such information to the public, except as ordered by a court upon clear and convincing evidence that the public interest requires such disclosure in compliance with West Virginia Freedom of Information Act, W.Va. Code § 29B-1-1 et seq.

17.13. Employees are to refer any requests from outside the Department for personnel information concerning applicants, employees, and past employees to the Personnel Director.

17.14. The Personnel Director may verify wage and salary information and release the following information without first obtaining the written consent of the individual involved: employment dates, position held, and location of job site. Any other information will require a written release by the employee.

17.15. The Personnel Director is to make provisions to retain certain personnel records as required by various federal, state, and local laws.